The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Interested persons are entitled to reasonable information about estate proceedings on proper request, including a copy of the inventory, an opportunity to examine appraisals, and other information pertinent to their interests in the estate. The rights of beneficiaries to information contained in estate inventories is limited by section 733.604(3), Florida Statutes. Inventories of the elective estate under subdivision (f) affects a broader class of interested persons who may obtain information regarding the assets disclosed therein subject to control by the court and the confidentiality afforded such inventories under section 733.604(1) and (2).
Interested persons are entitled to reasonable information about estate proceedings on proper request, including a copy of the inventory, an opportunity to examine appraisals, and other information pertinent to their interests in the estate. The rights of beneficiaries to information contained in estate inventories is limited by section 733.604(3), Florida Statutes. Inventories of the elective estate under subdivision (f) affects a broader class of interested persons who may obtain information regarding the assets disclosed therein subject to control by the court and the confidentiality afforded such inventories under section 733.604(1) and (2).
The extensive rewrite of this rule in 2001 is intended to conform it with and provide procedures to accommodate amendments to Florida's elective share statutes , . §§ Sections 732.201et seq., Fl orid a . Stat utes. Proceedings to determine entitlement to elective share are not specific adversary proceedings under rule 5.025(a), but may be declared adversary at the option of the party. Proceedings to determine the amount of elective share and contribution are specific adversary proceedings under rule 5.025(a). Requirements for service are intended to be consistent with the requirements for formal notice. Rule 5.040. Service of process may be required to obtain personal jurisdiction over direct recipients who are not otherwise interested persons and who have not voluntarily submitted themselves to the jurisdiction of the court. Rule 5.040(a)(3)(C); ch . apter 48, Fl orid a . Stat utes . , Process and Service of Process; ch . apter 49, Fl orid a . Stat utes . , Constructive Service of Process. An inventory of the elective estate should be afforded the same confidentiality as other estate inventories. § Section 733.604( 1) and (2), Fl orid a . Stat utes. In fulfilling his or…
The extensive rewrite of this rule in 2001 is intended to conform it with and provide procedures to accommodate amendments to Florida's elective share statutes , . §§ Sections 732.201 et seq., Florida . Statutes. Proceedings to determine entitlement to elective share are not specific adversary proceedings under rule 5.025(a), but may be declared adversary at the option of the party. Proceedings to determine the amount of elective share and contribution are specific adversary proceedings under rule 5.025(a). Requirements for service are intended to be consistent with the requirements for formal notice. Rule 5.040. Service of process may be required to obtain personal jurisdiction over direct recipients who are not otherwise interested persons and who have not voluntarily submitted themselves to the jurisdiction of the court. Rule 5.040(a)(3)(C); ch . apter 48, Florida . Statutes . , Process and Service of Process; ch . apter 49, Florida . Statutes ., Constructive Service of Process. An inventory of the elective estate should be afforded the same confidentiality as other estate inventories. § Section 733.604( 1) and (2), Florida . Statutes. In fulfilling his or her…
By way of example, section 733.604 imposes a duty upon a personal representative to “file a verified inventory of property of the estate.” Under Karen's dichotomous construction, if the personal representative, prior to appointment, files the verified inventory, the subsequent order of appointment would not relate back and validate that act because it is considered a “duty” rather than a “power.”
Finally, we find no error by the probate court in including the Bimini Plaza and Shadow Bay Drive properties in the Estate. We see nothing in the Florida Probate Code or the Probate Rules, or in case law, precluding the addition of property to the inventory of an estate that, as here, remains open. Rather, the code and rules contemplate amended and supplemental inventories. See§ 733.604(2), Fla. Stat. (2003); Fla. Prob. R. 5.340(c). They also contemplate subsequent administration after an estate has been closed. See§ 733.903, Fla. Stat. (2003); Fla. Prob. R. 5.460(a) ( “If, after an estate is closed, additional property of the decedent is discovered ... any interested person may file a petition for further administration of the estate.”).
(xi) Estate inventories and accountings. § 733.604(1), Fla. Stat.
On September 7, 2011, two of the beneficiaries, Melvin Cody and David Cody, filed their objection to the petition for administration. § 732.212(3), Fla. Stat. Their objection did not challenge the validity of the will, the qualifications of the PR, the venue, or the jurisdiction of the court. Instead,the brothers complained that Buford Cody had been disposing estate assets prior to being appointed PR by the court and without proper accounting of the value of the assets and proceeds of the sales. See§ 733.604, Fla. Stat. (PR required to file verified inventories and accountings). No order addressing this objection is contained in the record.
(xi) Estate inventories and accountings. § 733.604(1), Fla. Stat.
— Estate inventories and accountings. § 733.604(1), Fla. Stat.
. . . By way of example, section 733.604 imposes a duty upon a personal representative to “file a verified . . .
. . . . § 733.604(1), Fla. Stat. . . .
. . . See § 733.604, Fla. Stat. (PR required to file verified inventories and accountings). . . .
. . . (xi) Estate inventories and account-ings: § 733.604(1), Fla. Stat. . . .
. . . . § 733.604(1), Fla. . . .
. . . . § 733.604(1), Fla. Stat. . . . General definitions. § 733.604, Fla. Stat. . . . Resignation of personal representative. § 733.604, Fla. Stat. . . . Devise of homestead. § 733.604, Fla. Stat. . . . Order of contribution; personal representative’s duty to collect contribution. § 733.604, Fla. . . .
. . . . § 733.604(1), Fla. Stat. . . . Stat. _ Estate inventories and accountings. § 733.604(1), Fla. . . .
. . . . § 733.604(1), Fla. Stat. Inventory. § 733.901, Fla. Stat. Final discharge. § 735.203, Fla. Stat. . . .
. . . . § 733.604(1) and (2), Fla. Stat. . . . Order of contribution; personal representative’s duty to collect contribution. § 733.604, Fla. . . .
. . . 732.214, Florida Statutes (1999), to determine elective share, or challenge the inventory under section 733.604 . . .
. . . . § 733.604(21), Fla. Stat. Inventory. § 733.901, Fla. Stat. . . . Adjudication before issuance of letters. § 733.604(2), Fla. Stat. . . . Accounting upon removal. § 733.604,-Fla. Stat. Inventory. § 733.701, Fla. Stat. . . . Resignation of personal representative. § 733.604, Fla. Stat. . . . Devise of homestead. § 733.604, Fla. Stat. Inventory. Rule References Fla. Prob. . . .
. . . . § 733.604(1) and (2), Fla. Stat. Inventories are still required to be filed. . . . Once filed, however, they are subject to the confidentiality provisions found in sections 733.604(1) . . . The rights of beneficiaries to information contained in estate inventories is limited by section 733.604 . . . Committee notes revised. 2002 Revision: Subdivision (e) amended to conform to section 733.604(3), Florida . . . Devise of homestead. § 733.604, Fla. Stat. Inventory. § 733.605, Fla. Stat. Appraisers-. . . .
. . . statutes, sections 732.201-732.2155, Florida Statutes (2000), and to the inventory statute, section 733.604 . . . The proposed amendment to rule 5.340 reflects the changes to section 733.604, Florida Statutes (2000) . . . Once filed, however, they are subject to the confidentiality provisions found in sections 733.604(1) . . . Devise of homestead. § 733.604, Fla. Stat. Inventory. § 733.605, Fla. Stat. Appraisers. . . . Order of contribution; personal representative’s duty to collect contribution. § 733.604, Fla. . . .
. . . . § 733.604(2), Fla. Stat. Inventory. § 733.705(2), (3), Fla. Stat. . . .
. . . . § 733.604(2), Fla.Stat. Inventory. § 733.705(2), (3), Fla.Stat. . . .
. . . Petition. 733.604(2), Fla.Stat. Inventory. § 733.901, Fla.Stat. . . . Adjudication before issuance of letters. ⅛⅜⅛ 733.604(2), Fla.Stat. . . . Accounting upon removal. 1⅜£⅛ 733.604, Fla.Stat. Inventory. ⅞⅛⅛ 733.701, Fla.Stat. . . . Resignation of personal representative. § 733.604, Fla.Stat. . . . Devise of homestead. 733.604, Fla.Stat. Inventory. 733.605, Fla.Stat. Appraisers. . . .
. . . Section 733.604, which requires the filing of an inventory, does not provide for the exclusion of exempt . . .
. . . F.S. 733.604(2) Inventory. F.S. 735.103 Petition for family administration. . . . F.S. 733.604(2) Inventory. Rule References FPR 5.020 Pleadings; verification; motions. . . . F.S. 733.604 Inventory. F.S. 733.701 Notifying creditors. . . . Once filed, however, they are subject to the confidentiality provisions found in F.S. 733.604(1) and . . . F.S. 733.604 Inventory. F.S. 733.605 Appraisers. Art. X, § 4, Fla. Const. . . .
. . . F.S. 733.604(2) Inventory. F.S. 735.103 Petition for family administration. . . . F.S. 733.604(2) Inventory. Rule References FPR 5.020 Pleadings; verification; motions. . . . F.S. 733.604 Inventory. F.S. 733.701 Notifying creditors. . . . Once filed, however, they are subject to the confidentiality provisions found in F.S. 733.604(1) and . . . F.S. 733.604 Inventory. F.S. 733.605 Appraisers. Art. X, § 4, Fla. Const. . . .
. . . Once filed, however, they are subject to the confidentiality provisions found in subsection 733.604(4 . . .
. . . F.S. 733.604 Inventory. F.S. 733.605 Appraisers. F.S. 733.606 Supplementary inventory. Art. . . .
. . . Statutory References: As to: (a) First sentence tracks FPC 733.604(1). . . . (c) Tracks FPC 733.604(2) except to provide time requirement and provide for request “in writing.” . . .
. . . Statutory References: As to: (1) FPC 733.604 (Inventory). (2) FPC 733.901 (Accounting). (3) FPC 733.613 . . . (c) Tracks FPC 733.604(2) except to provide time requirement and provide for request “in writing.” . . .
. . . STATUTORY REFERENCES: As to: (1) FPC 733.604 (Inventory) (2) FPC 733.901 (Accounting) (3) FPC 733.613 . . . STATUTORY REFERENCE: As to : (a) First sentence tracks FPC 733.604(1). . . . (c) Tracks FPC 733.604(2) except to provide time requirement and provide for request “in writing.” . . .